Federal Lawsuit Targets South Carolina for Segregation of Mentally Ill Adults

Spartanburg, S.C. – Federal Government Sues State Over Care for Mentally Ill

The Justice Department has initiated a lawsuit against South Carolina, accusing the state of violating the Americans with Disabilities Act (ADA). The lawsuit claims South Carolina is unnecessarily segregating adults with mental illnesses by placing them in adult care homes, instead of providing essential community-based services.

Key Details of the Lawsuit

According to the Justice Department, federal law requires that services for adults with mental illnesses be given in the most integrated settings possible. This requirement stems from the Supreme Court’s ruling in Olmstead v. L.C., which supports community integration for people with disabilities. The lawsuit reveals that more than 1,000 adults with mental illnesses have been segregated in such care facilities for extended periods, with new individuals entering these homes every month.

Statements from the Justice Department

Kristen Clarke, an assistant attorney general in the Justice Department’s Civil Rights Division, emphasized the importance of this issue. “People with disabilities in South Carolina can and must be able to receive services in their own homes, rather than being isolated in institutions,” she stated. The overall objective of this lawsuit is to push the state to expand its community-based services for mentally ill adults.

Response from South Carolina Officials

A spokesperson for Governor Henry McMaster expressed surprise at the lawsuit, suggesting that the current administration’s healthcare strategy has created confusion. Brandon Charochak indicated that the Justice Department, referred to as a “lame-duck” agency, rushed to file the lawsuit during the last days of the Biden Administration instead of working collaboratively with state agency leaders.

Challenges in South Carolina’s Healthcare System

Charochak criticized the state’s healthcare framework for being “fractured,” pointing out inefficiencies in non-cabinet agencies that he described as unaccountable. He added that McMaster has plans to address these issues in his upcoming State of the State address, where he will urge the General Assembly to restructure the state’s Department of Mental Health and the Department of Disabilities and Special Needs to be under direct supervision. “It’s time for someone to be responsible and accountable for these agencies at the ballot box,” he asserted.

The Broader Implications

This lawsuit highlights ongoing concerns about the treatment of adults with mental illnesses and the need for inclusive healthcare approaches. The push for community-based services aligns with a larger national conversation about improving care for individuals with disabilities. By enforcing the ADA, the federal government aims to advocate for the rights of individuals to live independently in their communities.

Looking Ahead

As the case develops, the spotlight remains on South Carolina’s response and efforts to improve its mental health services. Community advocates are hopeful that this lawsuit could lead to significant improvements in the state’s treatment of individuals with mental illnesses, allowing them to live more fulfilling lives within their communities rather than in segregated settings.

Author: HERE Myrtle Beach